Judgment of the General Court (Sixth Chamber) of 30 May 2013 — Buzil-Werk Wagner v OHIM — Roca Sanitario (Roca)
(Case T‑115/12)
Community trade mark — Opposition proceedings — Application for Community word mark Roca — Earlier national figurative mark ROCA and earlier international figurative mark Roca — Relative ground for refusal — Similarity of the goods — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
1. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Word mark Roca — Figurative marks ROCA and Roca (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27-29, 46, 59, 65, 66, 68)
2. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 33, 34, 40, 67)
3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity between the goods or services in question — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 48)
4. Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Opposition proceedings — Examination restricted to the submissions of the parties — Well-known facts taken into account (Council Regulation No 207/2009, Art. 76(1)) (see para. 64)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 January 2012 (Case R 1907/2010-4) relating to opposition proceedings between Roca Sanitario, SA and Buzil-Werk Wagner GmbH & Co. KG. |
Operative part
The Court:
2. | | Orders Buzil-Werk Wagner GmbH & Co. KG to pay the costs. |